Posted: 8/5/2026 1:50:24 PM EDT
[Last Edit: NoloContendere][Edited]
 In 2025, Congress eliminated the NFA’s transfer and making taxes for four categories of firearms: short-barreled shotguns, short-barreled rifles, silencers, and a final, defined group of miscellaneous firearms. Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power. And there is no sign in the NFA’s text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress’s enumerated powers. Link to opinion: https://foundation.gunowners.org/wp-content/uploads/177118845368-1.pdf
[tweet]https://x.com/GunOwners/status/2085055590355653083?s=20[/tweet] In GOA's case, a federal court just stuck down NFA registration for: X Suppressors X Short-Barreled Rifles X Short-Barreled Shotguns |
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https://x.com/GunOwners/status/2085055590355653083?s=20 ugh. why can't I get a tweet to show up here. |
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Originally Posted By Citadel: what does this mean? It means progress. The good guys just reached a new phase line on the battle map. |
"Sometimes, the grass is greener because it's on a septic system."
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
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Originally Posted By GenYRevolverGuy: It means progress. The good guys just reached a new phase line on the battle map. Originally Posted By GenYRevolverGuy: Originally Posted By Citadel: what does this mean? It means progress. The good guys just reached a new phase line on the battle map. And we should continue to push |
"The villainy you teach me, I will execute, and it shall go hard but I will better the instruction"
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Originally Posted By 14BoltFF: Any non-Twitter links? I can't view Twitter posts any more. posted in the first post: https://foundation.gunowners.org/wp-content/uploads/177118845368-1.pdf |
Maybe this works...
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"Everybody's going nowhere slowly, they're only fighting for a chance to be last."
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Originally Posted By CplRick:
The line of credit on the Race Card is maxed out, sorry.
Originally Posted By refurb:
Your life isn't actually longer if you don't drink. It just feels like it is.
The line of credit on the Race Card is maxed out, sorry.
Originally Posted By refurb:
Your life isn't actually longer if you don't drink. It just feels like it is.
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Originally Posted By DarkLordVader: What about machine guns? I'm fairly certain registered MGs will be a tougher cookie to crack. There should be no NFA. But I'd consider the repeal of the Hughes Amendment a massive win. If we can get SBRs, SBSs and Suppressors off the NFA, Transferable MGs should be the next fight. |
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Originally Posted By ttushooter: still subject to the $200 tax per the NFA, so this ruling would not effect them. Originally Posted By ttushooter: Originally Posted By DarkLordVader: What about machine guns? still subject to the $200 tax per the NFA, so this ruling would not effect them. True, but does Congress have the power to tax if it refuses to allow the tax to be paid? |
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Originally Posted By Citadel: what does this mean? The NFA was written as a tax measure. Congress eliminated the tax in the OBBA. Therefore, Congress undermined its own authority and rendered continued application of the NFA as unconstitutional. In practice and immediately - nothing changes, as an appeal is expected. Limited to the plaintiff and their customers, no nationwide injunction. So, in essence, it's a step in the right direction but will have very little (if any) impact on most of us. |
Joined:
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OH, USA
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Will this screw people who live in states that require things like silencers and short rifles to be registered with the NFA? I think Ohio is one… things like silencers and MGs and short rifles are “dangerous ordnance” and dangerous ordnance is illegal to posses unless registered pursuant to the ATF/NFA. |
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Originally Posted By SturmgeschutzIII: Incrementalism. MGs will be a tougher fight. Doomers will be here shortly to seethe Originally Posted By SturmgeschutzIII: Originally Posted By DarkLordVader: What about machine guns? Incrementalism. MGs will be a tougher fight. Doomers will be here shortly to seethe They'll say we shouldn't do this, because daddy will beat us harder next time. Be a good boy and go extinct without fighting. |
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Originally Posted By cyclone: And we should continue to push Originally Posted By cyclone: Originally Posted By GenYRevolverGuy: Originally Posted By Citadel: what does this mean? It means progress. The good guys just reached a new phase line on the battle map. And we should continue to push When we got the $0 tax pushed through Congress, there was a TON of bitching about it here. Not good enough, the Ds can change it back and make it worse, etc. What wasn't appreciated was that it was more or less like capturing a little island called Tinian. The average guy has never heard of it and can't find it on a map, but it turns out Tinian might have been very important. Now the airfield is operational, and a new kind of bomber just flew its first sortie to the enemy homeland. |
"Sometimes, the grass is greener because it's on a septic system."
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
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Work like this is why everybody on Arf needs to support GOA. They have brilliant minds working on these lawsuits and behind the scenes working on changing laws. Granted, they have one less now but I believe he his where he needs to be. Thank you GOA, Nolo, and everybody that has worked on this and donated. |
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The same logic should directly apply to machineguns. Because today’s NFA does not generate any revenue from |
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Originally Posted By MK3110: Order stays the judgement for seven days in case OP files an appeal on behalf of the ATF  
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"Sometimes, the grass is greener because it's on a septic system."
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
"Sporterizing: The art of spending $700 on a $300 gun to make it worth $200." -GTwannabe
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Originally Posted By GenYRevolverGuy: When we got the $0 tax pushed through Congress, there was a TON of bitching about it here. Not good enough, the Ds can change it back and make it worse, etc. What wasn't appreciated was that it was more or less like capturing a little island called Tinian. The average guy has never heard of it and can't find it on a map, but it turns out Tinian might have been very important. Now the airfield is operational, and a new kind of bomber just flew its first sortie to the enemy homeland. The kind that could (eventually) end up screwing over residents of states that have state level prohibitions with exceptions for those registered under the NFA.... |
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For those wondering about AOWs, it's mentioned in the ruling: The Court’s remedy is limited in other respects, too. The Jensen plaintiffs lack Article III standing to challenge the NFA’s regulation of “any other weapon”—the final, defined group of miscellaneous firearms—because they did not establish as much from the start of the case." Does anyone know why Jensen didn't address AOWs? |
